THE HONOURABLE Dr. JUSTICE S.VIMALA
C.M.A.No.SR 36578 of 2005 and C.M.P.No.6337 of 2006 Metropolitan Transport Corporation Limited, Represented by its Managing Director, Pallavan House, Anna Salai, Chennai. ... Appellant versus
1. Kondal Rao
2. Pushparani ... Respondents Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award made in M.C.O.P. No.2483 of 2002 dated 04.10.2004 on the file of Motor Accidents Claims Tribunal, Second Judge, Small Causes Court, Chennai.
For Appellant : Mr.S.V.Vasanthakumar For Respondents : No appearance
JUDGMENT
The Transport Corporation has filed this Civil Miscellaneous Appeal, challenging the Judgment and decree dated 04.10.2004 made in M.C.O.P.No.2483 of 2002 on the file of the Motor Accident Claims Tribunal, Second Judge, Small Causes Court, Chennai, which is pending in SR stage from the year 2005 onwards, i.e. exactly from 26.07.2005.
2. Despite pendency of appeal in SR stage for 12 years, no steps have been taken to get it numbered.
3. Since this appeal is pending for 12 years at the SR stage, it is taken up for disposal at the SR stage itself.
4. In respect of the death due to the accident, that had taken place on 10.12.2001, the legal representatives of the deceased made a claim of Rs.5,00,000/-. As against the claim made, the Tribunal has awarded a sum of Rs.2,29,000/- as compensation.
5. The compensation awarded by the Tribunal is only a sum of Rs.2,29,000/-, which may appear to be excessive for the year 2004, but not as of now, that is in the year 2017. The compensation awarded is hardly adequate in the face of spiraling inflation and surge in cost of living. Inflation is naturally compounding, and a relentless destroyer of the value of money. The same is supported by the decision of the Hon'ble Supreme Court in the case of Rathi Menon v. Union of India 2001 (2) KLT 12: (2001 AIR SCW 1074), wherein it has been held that when injuries occurred due to accidental falling of a person, considering the value of money etc., compensation shall be payable on the basis of rules prevailing at the time of making the final order for payment of compensation and not on the money value which prevailed on the date of accident.
6. In view of the same, the amount awarded by the Tribunal cannot be said to be excessive. Therefore, the Civil Miscellaneous Appeal is dismissed at the SR stage itself, confirming the award passed by the Tribunal. No costs. C.M.P.No.6337 of 2006 is closed.
7. The Transport Corporation shall deposit the entire award amount, less the amount already deposited, if any, along with interest at the rate of 9% p.a. from the date of petition till the date of deposit, within a period of six weeks from the date of receipt of a copy of this Judgment. On such deposit being made, the major claimants are permitted to withdraw their share as per the apportionment made by the Tribunal.
04.01.2017 rkp/ogy To The Motor Accident Claims Tribunal, Second Judge, Small Causes Court, Chennai.
Dr.S.VIMALA, J.
rkp/ogy C.M.A.No.SR36578 of 2005 and C.M.P.No.6337 of 2006 04.01.2017